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HomeMy WebLinkAboutMEA MOU July 5 1994 through June 30 1997CITY OF NATIONAL CITY MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY CALIFORNIA AND MUNICIPAL EMPLOYEES' ASSOCIATION FOR FISCAL YEAR 1994-95 1995-96 1996-97 F- MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: JULY 5, 1994 - JUNE 30, 1997 The representatives of the City Manager of the City of National City, acting for and on behalf of the City Council of the City of National City, have met and conferred with the representatives of the National City Municipal Employees' Association, an organization representing employees of the City of National City, in accordance with the provisions of Section 3500 et. seq., of the Government Code of the State of California, and; As a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by the Association; and the Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City Council of the City of National City on JULY 12, 1994: For the CITY: City Manager R GER C. DE FRATIS Chief Spokesperson 9Y2/d2&( LJOU.� MICHAEL BOUSE Representative IM RUIZ Representative ANNE CAMPBELL Representative DATE: July 12, 1994 For the NC EA: TERRI J. President ti RT t-- DIN epresentative INDA ilymA h-t, c -huoQ Kt. PATRICIA SCHWENKE Repretativ MI d EL DIAZ, Representative TABLE OF CONTENTS ARTICLE TITLE PAGE Article 1 Implementation 1 Article 2 Holidays 2 Article 3 Leave Eligibility And Procedure 4 Article 4 Annual Vacation Leave 7 Article 5 Military Leave 9 Article 6 Family Care Leave. 10 Article 7 Court Leave 11 Article 8 Sick Leave With Pay 12 Article 9 Transfer Of Leave Credits 17 Article 10 The Compensation Plan 18 Article 11 "Y" Rate 20 Article 12 Revision Of The Compensation Plan 21 Article 13 Overtime 22 Article 14 Educational Expenses Reimbursement 25 Article 15 Longevity Pay 27 Article 16 Health And Dental Insurance 28 Article 17 Health Related Programs 30 Article 18 Employee Life Insurance 31 Article 19 Long & Short Term Disability Insurance 32 Article 20 Public Employees' Retirement System 33 Article 21 Provisions Of Law 34 Article 22 Employee And Association Rights 35 Article 23 Wages And Salary Schedule 38 Article 24 Uniforms 41 Article 25 Equipment Allowance 42 Article 26 Work Day, Work Week, Pay Period & Pay Day 43 Article 27 Pay Differentials 45 Article 28 Management Rights 47 Article 29 Obligation To Support 49 Article 30 Agreement, Modification, Waiver 50 Article 31 Duration Of Memorandum Of Understanding 51 Article 32 Definitions 52 ARTICLE 1 IMPLEMENTATION Section 1 It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: (A) The NCMEA has approved and adopted this MOU. (B) The City Council acts, by majority vote, formally to approve and adopt this MOU. (C) The City Council shall upon approval and adoption of said MOU act to appropriate the necessary funds required to implement the provisions of this MOU which require funding. (D) The City Council shall act in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this agreement. Section 2 The City of National City formally recognizes the National City Municipal Employees' Association (NCMEA) as the official representative of all career employees in the classifications listed under Article 23 - Wages and Salary Schedule. The City also understands that NCMEA has affiliated with SEIU Local 1926 for negotiation and other services appropriate to that relationship. -1- ARTICLE 2 HOLIDAYS Section 1 Career employees in this bargaining unit are entitled, without loss of pay, to the holidays listed below: (A) The following days shall be fixed holidays with pay: 1. New Year's Day - January 1st (observed 01/02/95) 2. Memorial Day - Last Monday in May 3. Independence Day - July 4th 4. Labor Day - 1st Monday in September 5. Thanksgiving Day - 4th Thursday in November 6. Day after Thanksgiving 7. Christmas Eve - December 24th (observed 12/23/94) 8. Christmas Day - December 25th (observed 12/26/94) (B) In addition to the fixed holidays above, the following five (5) days will be credited as "Floating Holidays": 1. Martin Luther King, Jr.'s Birthday - 3rd Monday in January 101/16/95) 2. Lincoln's Birthday - February 12th 3. Washington's Birthday - 3rd Monday in February 4. Columbus Day - 2nd Monday in October 5. Veterans' Day - November 11th Section 2 The floating holidays shall be used by the employee in minimum increments of fifteen (15) minutes at the employee's discretion subject to the approval of the department head or his/her designee as a holiday and shall be used within the fiscal year earned. Reasons for denial to observe a holiday on the date requested by the employee shall be in writing and can only be related in the judgment of the department head to the efficient functioning of the department. If the department head certifies in writing to the Finance Director that it was not possible to grant the time off during the fiscal year due to unforeseen or extreme workload problems, then unused holiday credits will be added to the employee's vacation accumulation. -2- Article 2 - Holidays Page 3 Floating holidays may be used earlier in the fiscal year than their occurrence. New employees shall not receive credit for holidays which occurred prior to their starting date. Separating employees who have received paid time off for holidays which have not occurred as of the date of their separation are required to repay the City for such floating holidays for which they have been paid. Only non -probationary employees and employees separating in good standing shall be paid for accrued and not taken holiday time. Section 3 Appointed And Religious Holidays With City Council approval, every day appointed by the President of the United States or by the Governor of California for a public fast, thanksgiving or holiday, with the exception of Good Friday, shall be honored as an additional holiday. Employees may request time off to attend religious services or other religious activities on Good Friday or on the recognized religious holidays during the year; such time off shall be charged to the employees annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 4 Holidays Occurring On Normal Work Day, During Sick Leave Or Annual Leave Or On A Weekend In the event an employee is required to work on a fixed holiday and which holiday falls on the employee's regular day off, the employee shall be paid at the time and a half rate for hours worked on the holiday and shall also receive eight (8) hours of floating holiday time. If the holiday falls on the employee's regular day off and the employee is not required to work, such employee shall be granted a floating holiday. When an employee is absent on annual leave, sick leave or compensating time off, a fixed holiday immediately preceding, immediately following or wholly within such leave period shall be recorded as a holiday and not as a day of leave. Article 2 - Holidays Page 4 If a fixed holiday occurs on the first day, usually a Saturday, of an employee's regularly scheduled days off, the preceding working day will be observed as the holiday. If the holiday occurs on any other day, usually a Sunday, of an employee's regularly scheduled days off, the following working day will be observed as the holiday. In the event that an employee is required to work on a fixed holiday as part of his/her normal work schedule, the employee shall receive premium pay (time and one half) for hours worked or receive straight time and an additional eight (8) hours of floating time at the employee's option. Only employees who work a majority (over half) of their scheduled hours between 12:00 a.m. and 11:59 p.m. on the observed fixed holiday are eligible for this benefit. ARTICLE 3 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Consistent with the provisions of these articles, employees in the competitive service shall be entitled to holidays and annual vacation and shall be allowed sick, injury, emergency and special leaves of absence. Career part-time employees in competitive service working twenty (20) hours or more per week, shall be entitled to all holidays, annual vacation, sick or emergency leave and special leaves of absence as granted to full-time employees on a pro rata basis within the same number of pay periods. Section 2 Requests For Leave All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed forms, and except as provided in the case of compulsory leave, court leave and special meetings, must meet the approval of the department head. Section 3 Leave Approval Except in the case of sick or emergency leave, the scheduling of leaves is subject to the approval of the department head or his/her designee. It is the obligation of the employee to request in writing prior approval for all other leaves. Under unusual circumstances, the department head has the discretion to waive the requirement for prior approval. The department head shall respond to a request for leave within ten (10) days. Approvals may be rescinded by the department director in time of emergencies such as flood, earthquake, fire, civil disturbance, maintenance of skeleton staffing level, and other similar situations. Leave will not be denied unless the department demonstrates that it cannot function without the individual who is requesting a leave. Section 4 Leave Of Absence - Commencement And Termination Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause shall cease to exist prior to the expiration of the period for which the leave is granted, such leave shall thereafter be invalid. -5- Article 3 - Leave Eligibility and Procedure Page 6 Section 5 Leave Of Absence - Failure To Report Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the employee from City service and shall be considered, in effect, a resignation; provided, however, the City may cancel such separation if circumstances warrant such cancellation (as determined by the City Manager or his designee). Section 6 Benefits During Leave Without Regular Pay All accrual of leaves, City contributions and benefits will be suspended at the end of 45 calendar days after the leave of absence begins, except as provided in this MOU and applicable law. This includes leaves without pay, suspensions, injury leave and military leave. All accounts, contributions and benefits will resume upon return from leave. ARTICLE 4 ANNUAL VACATION LEAVE Section 1 All employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates All accrual rates are calculated on the basis of biweekly pay periods. All forty (40) hour per week employees shall be governed by the following vacation accrual rates: 1 through 5 year's service 3.08 hours per pay period 6 through 15 year's service 4.62 hours per pay period 16+ year's service 6.15 hours per pay period Career part-time employees in the competitive service are entitled to accumulate vacation credits at a rate consistent with the provisions of Article 3, Section 1. There shall be no vacation accrued during the initial probationary period for new employees hired after July 1, 1991. Immediately after completion of the initial probation period, ten (10) days of vacation shall be credited to that new employee for use thereafter, and accrual at the above rates shall begin. Section 3 Scheduling of Vacation Vacation schedules shall be arranged by the department head with particular regard to the needs of the City and, as far as possible, with the wishes of the employee. 1. Eligibility for vacation pay shall be verified by the Finance Officer, who will pay only for that time which has accrued. 2. If the requirements of the employee's services are such that the employee cannot take part or all of his/her annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. 3. An eligible employee may take earned vacation in any increment of fifteen (15) minutes or more with the consent of the department head and the approval of the City Manager. -7- Article 4 - Annual Vacation Leave Page 8 Section 4 Maximum Vacation Accumulation An employee may accumulate vacation to a maximum of 2.5 times the yearly earned vacation time. Vacation leave is credited as earned and the amount of vacation leave accumulated shall not exceed the maximum and accrual shall stop whenever the employee is at the maximum. Section 5 Holidays Falling Within Vacation Period Except in the case of terminal vacation leave, paid holidays immediately preceding, immediately following or wholly within the vacation period shall not be regarded as part of the vacation. Section 6 Terminal Vacation Pay Upon termination from City service, an employee shall be entitled to pay in lieu for the number of accumulated vacation days credited to the employee's account to a maximum of 2.5 times their annual accrual under the provisions of this section. All vacation granted upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation pay" at the employee's current rate of pay. ARTICLE 5 MILITARY LEAVE In addition to the leaves of absence provided in this article, City officers or employees who are also members of the armed services or militia or organized reserves of this State or Nation, shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veterans' Code of the State of California. 1. The term "Military Service" as used herein shall signify service on active duty with any branch of service above mentioned as well as training or education under the supervision of the United States preliminary to induction into the military service. 2. The terms "active service" or "active duty" shall include the period during which such officer or employee while in military service is absent from duty on account of sickness, wounds, leave or other lawful cause. 3. No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his/her absence on military leave to any loss or diminution of vacation, holiday, insurance, pension, retirement or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re -appointment or re-employment. 4. When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employee's absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay upon, return from such leave, provided employee is still mentally and physically qualified to perform the duties of such position and provided said employee makes application for re- employment within ninety (90) days after being relieved from such military service. 5. During absence on military leave any employee in the Classified Service who has been employed continuously by the City for a period of not less than one (1) year prior to the date upon which such absence begins, shall receive his/her regular salary for a period not to exceed thirty (30) calendar days in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. -9- ARTICLE 6 FAMILY CARE AND MEDICAL LEAVE Section 1 Pregnancy -Related Leave An employee is entitled to parental leave without pay for childbirth for up to 120 calendar days after the birth of the child. Upon conclusion of the approved leave, the employee is guaranteed the right to return to his/her previous position or one comparable with no loss of seniority or pay. Leaves of greater duration may be granted subject to administrative approval. With doctor's verification that additional time off is required due to pregnancy related health conditions, the employee is entitled to leave without pay for the period of the disabling condition or an additional thirty (30) calendar days of leave, whichever is less. Any additional leave over the amount provided above is subject to approval by the City Manager. An employee may utilize earned sick leave, vacation, floating holidays and/or compensatory time leave until the employee becomes eligible for short term disability insurance and thereafter in accordance with Article 19. Section 2 Family and Medical Leave The intent of this article is to allow the limited use of leave credits or leave without pay by an employee who is confronted with illness or injury of the employee or family member or death in said employee's family or relations. An employee with at least 12 months of service may take unpaid leave of up to 12 weeks for Family Care and Medical Leave in any 12 month period as provided by the California Family Rights Act and the Federal Family and Medical Leave Act. An employee may use paid sick leave or other accrued leaves for this purpose on the approval of the department director. When abuse of this leave is suspected, the department director shall have the right to demand any proof necessary to justify the number and length of this type of absence, and to appropriately discipline or deny payment of the leave. -10- ARTICLE 7 COURT LEAVE An employee who is required by court order to serve as a juror or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation of proof of the period of said employee's required attendance to the department head and the Finance Officer. The employee shall receive full pay for the time he/she serves on court duty. Request for such leave shall be made upon the request for leave of absence forms. Police Services Officers and Police Dispatchers shall get a minimum of two (2) hours pay, at a rate of time and one half, for each court appearance required by their work responsibilities on regularly scheduled time off. If the employee travels directly between the court and his/her residence, then the employee shall be paid for 1/2 hour maximum. If the employee reports to the Police Station, he/she is not entitled to travel time between the station and home; he/she would be entitled, however, to compensation for travel time between the station and the court. - 11 - ARTICLE 8 SICK LEAVE WITH PAY The intent of this article is to provide a continuity of full salary to those employees who are unable because of illness or injury to perform the duties of their positions who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment, and to provide necessary time off from work for required medical and dental care, subject to administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition Sick leave is the necessary absence from duty of an employee because of: (A) Illness, injury or exposure to a contagious disease suffered by an employee. (B) The serious disability of the employee while on a scheduled vacation. (C) The absence of an employee for authorized medical or dental care. Section 2 Sick Leave Accumulation (A) Each full-time career or probationary employee in this bargaining unit, shall be entitled to accumulate sick leave at a rate of 3.69 hours per biweekly pay period. Earnings for partial pay periods shall be granted on a pro rata basis. Permanent part-time employees in the competitive service are entitled to accumulate sick leave at a rate consistent with the provisions of Article 3, Section 1. (B) Accumulated Sick Leave: Each career or probationary employee in this bargaining unit shall be eligible to accumulate sick leave up to a maximum of 256 hours, (herein called "accumulated sick leave"). Sick leave accrual will be credited on the last of each pay period up to the 256 hour maximum limitation. (C) Frozen Sick Leave Balance: Employees hired on or before June 30, 1979 and who have an existing sick leave balance on June 30, 1979 were "frozen" at their June 30, 1979 sick leave balance levels on July 1, 1979. (Herein called "frozen sick leave balance"). -12- Article 8 - Sick Leave With Pay Page 13 Section 3 Sick Leave Usage (A) Employees shall first utilize accumulated sick leave pursuant to Section 1 herein. Frozen sick leave balance will only be authorized for use after accumulative sick leave credits are exhausted for those employees who have a frozen sick leave balance pursuant to Section 2(C) herein. (B) Upon reaching the maximum accumulated sick leave (256 hours), sick leave accrual will begin after the employee's balance falls below 256 hours. Accrual will occur on the last day of the pay period in which the employees balance falls below the 256 hour level. Said accrual will occur at the established rate as defined in Section 2(A). Section 4 Limitation On Time Chargeable To Sick Leave (A) No Person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: 1. Sickness sustained while on leave of absence other than his/her regular vacation. 2. No paid sick leave shall be granted in excess of the employee's sick leave credit. (B) Absence that is chargeable to sick leave in accordance with this article, shall be charged in the amount not smaller than fifteen (15) minutes. Section 5 Sick Leave Compensation (A) In order to receive compensation while on sick leave, the employee shall notify: 1. The immediate supervisors, or; 2. The department head, or; 3. In the event of the unavailability of either, the senior department representative available. (B) Notification shall be made prior to or not later than the beginning of the work day/shift in the employee's respective department. Compensation is contingent upon approval from the appropriate department director. Article 8 - Sick Leave With Pay Page 14 (C) The department head may waive the above requirements, if in his/her opinion, an emergency or other exceptional circumstances so warrants. Computation of sick leave shall not include regular days off or holidays, provided these are not in conflict with the established schedule within each department. Section 6 Physician's Statement Required (A) When absences for more than three (3) consecutive working days or when abuse of the sick leave benefit is suspected, the department head may require the employee to furnish a certificate or statement from a regular licensed and practicing physician, at the employee's own expense, whose license will be honored by the County Health Officer, indicating the nature and duration of the employee's incapacity or other adequate evidence if the employee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence and may require a medical examination when an employee returns to work with indications of continuing illness or disability. (B) The department head is responsible for sick leave verifications. This responsibility may be implemented by any reasonable method deemed necessary by the department head. Sick leave with pay is subject to verification of the employee's eligibility by the Finance Officer. Section 7 Separation From City Service All eligibility from sick leave with pay shall be canceled upon separation of the employee from the City service, provided that, if such separation is by lay-off, his/her accumulated eligibility shall be restored to him/her in whole upon re-employment within 24 months. Section 8 Illness During Vacation Leave An employee who becomes incapacitated for work due to his/her illness or injury for more than three (3) consecutive calendar days while on paid vacation, may substitute sick leave credits for vacation, provided the employee's request for sick leave substitution is accompanied by a doctor's statement or other satisfactory evidence. Article 8 - Sick Leave With Pay Page 15 Section 9 Holidays During Sick Leave Paid holidays immediately preceding, immediately following or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave. Section 10 Sick Leave Payment Upon Retirement (A) An employee hired on or before June 30, 1979, shall upon formal retirement from the City under the Public Employees' Retirement System, be paid for each day of unused sick leave or fraction thereof which has accrued to his/her credit up to and including his/her last day of work, but not to exceed 45 days or 360 hours. An employee hired on or after July 1, 1979 shall not be eligible for sick leave payment upon retirement. (B) For employees hired on or before June 30, 1979 sick leave pay off upon retirement shall be the sum of: 1. Frozen sick leave balance upon date of retirement. 2. Accumulative sick leave balances upon retirement. However, in no event shall the payoff exceed 360 hours. Section 11 Evidence Of Cause Of Absence In all cases of absence because of illness or death in the employee's family, the employee may be required to furnish to the appointing authority satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay. Article 8 - Sick Leave With Pay Page 16 Section 12 Sick Leave Incentive Pay (A) Employees using 36 hours of sick leave or less during the 26 complete pay periods most closely coinciding with the beginning and end of the fiscal year and having a minimum total accumulation of 160 hours, may sell for cash the excess over 160 hours of unfrozen sick leave accumulation to a maximum established according to the following schedule: .......................... 6.0Ciitteti 96 Hours 24 Hours From 80-95 Hours 22 Hours From 60-79 Hours 18 Hours Only the hours sold back to the City shall be deducted from the employee's accrued balance of sick leave. (B) Payment will be made during the month of August each year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (The Finance Department shall issue eligibility notices to qualified employees at the end of each fiscal year.) Written request must be submitted to the Finance Office within ten (10) working days of issuance of the notice. (C) In lieu of sick leave incentive pay, the employee may elect to retain sick leave credits to the 256 hour maximum to supplement pay for long term disability leave. (D) Permanent employees who retire during the fiscal year will be compensated on a pro -rated basis subject to their formal retirement date. (E) Subject to the approval of his/her department head, the employee may elect to receive additional vacation credits in lieu of all or part of the sick leave incentive pay. This election must be indicated in writing and submitted to the Finance Office with department head's signature within ten working days of issuance of the notice from Finance. This election may not be reversed at a later date. ARTICLE 9 TRANSFER OF LEAVE CREDITS Upon official request by the Association, the City Manager or his designee may allow individual employees the opportunity to transfer sick leave, vacation or holiday credits to another employee who has experienced a catastrophic event. All conditions for this transfer shall be set by the City Manager or his designee on a case -by -case basis, after consultation with the Association. -17- ARTICLE 10 THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan of the City of National City has the following characteristics: 1. Each salary range consists of five (5) steps. 2. The increase from one step to the next step on each salary range is as indicated in the salary schedule. 3. Permanent part-time employees in the competitive service shall be eligible for step increases at the same time intervals as permanent full- time employees. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's supervisor and department head and all other pertinent evidence. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Section 2 Salary Steps The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth salary steps are incentive adjustments to encourage an employee to continue to improve his/her work. There shall be a five (5) percent differential between each of the five (5) steps. 1. The first salary step is the minimum rate and will normally be the hiring rate. Appointment may be made to other than the normal entering salary step upon the recommendation of the department head and upon the approval of the City Manager, when it is decided that such action is in the best interests of the City. 2. The second salary step: Six (6) months of satisfactory service, normally, shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. -18- Article 10 - The Compensation Plan Page 19 3. The third salary step: Twelve (12) months of satisfactory service at the second salary step, normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 4. The fourth salary step: Twelve (12) months of satisfactory service at the third step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 5. The fifth salary step: Twelve (12) months of satisfactory service at the fourth step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. All rates shown and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Employees engaged for less than full-time should be paid a proportionate part of these salaries, or by hourly rate of pay that falls within these ranges. Each promotion shall carry with it a salary increase of at least five (5) percent as long as such increase does not exceed the top step of the new classification. The provisions of this article are based upon the salary schedules adopted by the City. Section 3 Performance Reports Notwithstanding any of the other provisions of this article, no employee shall be denied a step advancement consistent with normal practice whose last performance report had an overall rating of STANDARD, ABOVE STANDARD or OUTSTANDING, if that performance report was made within the last 30 calendar days. If step is denied, a new performance report will be completed and performance will be reviewed every sixty (60) calendar days for reconsideration of the step increase. ARTICLE 11 "Y" RATE Step "Y" of the salary range for any class is hereby defined as any rate of pay in excess of step "E" of the range for the class. Any employee shall be paid at step "Y" solely under one of the following two (2) conditions: (A) Upon the reduction of the maximum salary rate for a class, an employee having other than provisional status who immediately prior to such time was paid at a higher rate for such class than the new maximum rate, shall in the absence of any contrary orders by the City Council for economy reasons, continue to be paid at the former rate. (B) Any employee who is reclassified from a class in which said employee has acquired permanent status to a class with a lower maximum rate of pay, may at the discretion of the City Manager, continue to receive the same rate of pay or may have said salary reduced. In the event of an increase in the salary rate applicable to a class, regardless of the method by which such increase is accomplished, any employee who immediately prior thereto has been paid at Step "Y" shall receive no increase unless the increased salary for employees at Step "E" for the class exceeds the salary already being paid to said employee, in which case the employee shall be paid at Step "E". - 20 - ARTICLE 12 REVISION OF THE COMPENSATION PLAN In the absence of any contrary orders by the City Council for reasons of economy, the following method shall be observed in determining the step at which each employee shall be paid beginning the effective date of a change of the maximum salary for said employees class of position: (A) If the maximum salary is raised, the step at which employee will be paid shall not be affected thereby. (B) If the maximum salary is lowered, the employee shall be paid at the rate in the new range which is the same as the rate at which he/she was paid in the former range. If the maximum rate of the new range is lower than the employee's salary in the former range, the employee may pursuant to Article 11, be paid at the "Y" rate. -21- ARTICLE 13 OVERTIME Section 1 Standard Overtime (A) The smallest unit of time credited as overtime shall be one quarter (1/4) hour. (B) Overtime worked that is less than one quarter (1/4) hour shall be rounded off to the nearest quarter hour each week. (C) Overtime credit must be for work specifically suffered, ordered, requested or approved by the department head or a designated representative. Overtime compensation or compensating time shall be earned at the rate of one and one-half (1-1/2) times the eligible hours. (D) Overtime compensation or compensating time shall be granted for hours exceeding forty (40) hours of time actually worked including pre -approved holiday, vacation and any bereavement leave in the work week. The work week is a seven (7) day period commencing at 7:00 a.m. on Tuesday morning and ending at 7:00 a.m. the following Tuesday morning. Work, other than normal work schedule, directed for annual special events, such as the Maytime Band Review, Auto Heritage Days, the 4th of July, Chili Cookoff, City-wide Free Trash Pickup Days, and the Street Light Inspection Program, will be compensated according to overtime rate. For those events where the City Council approves overtime, employees working those events shall receive overtime pay. (E) An employee who is directed by the department director to attend commission or council meetings held after normal working hours will be compensated per the "call- back" provision. Section 2 Compensating Time Off (A) Consistent with the provisions of Section 1 above, employees may be credited with compensating time off for overtime worked up to a maximum accrual of 100 hours, upon prior request of the employee and approval of the department director. (B) Compensating time off credits may be accumulated up to 100 "converted hours". -22- Article 13 - Overtime Page 23 (C) An employee shall be allowed to use compensating time off in increments of fifteen (15) minutes or more which may be taken in conjunction with vacation credits. Employees may not take compensating time off if the taking of the compensating time off, itself, causes the necessity for overtime for other employees. Time off approval and scheduling shall be subject to the provisions of Article 3 of these articles. Section 3 Standby Pay (A) Employees may be assigned to standby for possible work and will be required to be available after working hours where the employee can be reached by telephone or pager and can respond within 30 minutes. Individuals assigned standby have the responsibility of obtaining qualified relief in the event they cannot "standby". The relief must have the pre -approval of appropriate supervisor. (B) The following procedures shall apply to standby overtime: 1. Personnel going on vacation, floating holiday or any other absence from work of their own request during scheduled standby will be responsible for providing their own qualified relief. 2. Personnel incapacitated for scheduled standby by sickness or other absence not within their control will not be required to provide their own relief, if notice is given to the department. However, if an employee is accepting standby pay and does not respond to a call back, that employee shall forfeit that day's standby pay and may be subject to disciplinary action, unless that failure to respond was for reasons beyond the control of that employee as determined by the department director. 3. Employees will be assigned to standby status, first on a volunteer basis and thereafter assigned by reverse seniority. Employees shall be rotated after working seven (7) consecutive days on standby status, unless longer periods of standby are mutually agreed by the department and the affected employee. 4. The standby work week will be determined by the appropriate department head. 5. When any class is scheduled for standby work for at least five (5) days during any 30 day period, the City shall provide pagers. Article 13 - Overtime Page 24 (C) Standby Pay 1. For a normal work day shift, pay shall be one and one-half (1-1/2) hours. 2. For a normal weekend shift (Saturday and Sunday), pay shall be two (2) hours. 3. For a fixed holiday on which the Civic Center is closed, pay shall be two and one-half (2-1/2) hours. Section 4 Call -Back (A) The City may direct a field response by an employee during other than normal working hours for emergency purposes which shall constitute a "call-back", and paid at the rate of one and one-half (1-1/2) times the number of hours worked, with two (2) hours being the minimum for any call-back that requires return to the work site. Call back time earned shall not be counted as time worked for overtime purposes. ARTICLE 14 EDUCATION EXPENSES REIMBURSEMENT Section 1 The City shall provide $8,000 for MEA to fund the Education Expenses Reimbursement Plan, which is available to employees on paid status or the Association as a group who wish to improve their work performance through furthering their education. The plan provides up to $500 per employee, per fiscal year until this fund is exhausted and is available to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction or training is related to the employee's employment with the City. The department director and City Manager or his designee has the final authority in determining whether a course or training has job related value. Request must be submitted in writing on appropriate City form prior to taking the course of instruction or training. 3. The reimbursement may be used to cover the required costs, such as tuition, registration, books, required fees and up to $20 of other materials or supplies considered necessary by the Personnel Director. Such education or training must be attained at recognized institutions or professional training groups. In order to be eligible for reimbursement for the full cost of books, the books upon completion of the course or training must be turned over to the employee's department for access by all employees. If the employee wishes to keep books purchased as part of the class requirement, the employee shall only receive one half (1/2) of the purchase price. 4. The course must be passed with a grade "C" or better. If taken on pass/fail or completion basis, employee must complete or pass course(s) taken. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. 6. Reimbursement may be requested for fee -based educational programs to be attended on employee's own time for professional self -development. - 25 - Article 14 - Education Expenses Reimbursement Page 26 Reimbursement under this plan will be made upon completion of the coursework as per part 2 above. Section 2 Reimbursement Of Expenses In Maintaining Required Licenses And Permits In addition to the funds provided for educational reimbursement, the City shall provide monies to reimburse employees for the actual cost of the certificate or license expenses and any required medical examinations when such certificate or license is required by the City or law in the performance of their duties of their current positions. Claims shall be submitted in writing with proof of costs to the Personnel Department for approval and payment. Class "C" Driver's License expense is not a reimbursable expense. ARTICLE 15 LONGEVITY PAY Section 1 In addition to other compensation paid for the services of employees, longevity pay shall be paid to employees hired before July 1, 1991 of the City on the following basis: (A) After five (5) years of continuous and uninterrupted service the sum of $10.00 per month; (B) After ten (10) years of continuous and uninterrupted service the sum of $15.00 per month; (C) After fifteen (15) years of continuous and uninterrupted service the sum of $20.00 per month; (D) After twenty (20) years of continuous and uninterrupted service the sum of $25.00 per month; (E) After twenty-five (25) years of continuous and uninterrupted service a sum of $30.00 per month, which shall be the maximum payable. Vacation, sick leave, workers' compensation leaves, comp time, suspensions with pay, floating holidays and other approved City paid leaves of absence shall be continuous and uninterrupted time. All unpaid suspensions and approved leaves of 30 days or less shall be continuous and uninterrupted time; those of more than 30 days shall be continuous employment, but interrupted. In the event an employee ceases to be employed by the City of National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expired, and if said employee is subsequently re-employed by the CITY, said employee shall not be entitled to any longevity pay by reason of any prior employment. -27- ARTICLE 16 HEALTH AND DENTAL INSURANCE Section 1 Insurance Program Coverage As a benefit to career full-time employees and, on a pro -rated basis, career part-time employees working 20 hours/week or more in this bargaining unit, the City will provide a combined group insurance program of health and dental coverage. The benefits and limitations of the program are to be designed cooperatively by the Employees' Association, City and program provider. The Employees' Association and City agree to select and implement health insurance programs which best serve the needs of the employees. Section 2 City Contribution The City will pay up to the monthly amount specified in this agreement to provide these benefits. An amount will be paid by the City for each career full-time employee in the competitive service. In the event the cost of providing this benefit for employees and their dependents exceeds the established City contribution, the employee must pay the excess amount. (A) The City will continue to provide up to $297/month to each full-time employee and additional S5/month for employees who select family health coverage for the term of this agreement. The City agrees to re- open this article only if unreserved and undesignated fund balances exceed one million dollars. (B) City contribution will discontinue when employee goes on unpaid status for more than 45 calendar days, except as otherwise specified in this agreement or by law. Employees in this status may continue coverage at their own expense. Section 3 Money In Lieu of Coverage An employee may elect to receive an amount equivalent to the City's contribution minus the cost of health and dental coverage for the employee alone, as cash -in -lieu of dependent's coverage in this program. - 28 - Article 16 - Health and Dental Insurance Page 29 Section 3 (Continued) Provided that an employee shows proof of coverage under a non -City sponsored health plan, the employee, during the annual open enrollment, may elect not to participate in a City sponsored health plan and receive $125/month maximum in lieu of coverage. Any actual savings realized by City during the previous calendar year from MEA employees opting out of City coverage will be calculated in January of each year and re -distributed equally to all MEA employees in the form of an increase of City contribution for health coverage. Section 4 Insurance Broker The City agrees to assign California Corporate Benefits as the City's Broker of record to review, recommend and generally assist in the administration of the benefits program. ARTICLE 17 HEALTH RELATED PROGRAMS Section 1 Smoking Policy The Municipal Employees' Association agrees to comply with the City Smoking Policy at the workplace. Section 2 Continuation Of Coverages The City agrees to continue its contributions toward health, dental and life insurance coverages for employees who are receiving workers' compensation benefits from the City for a period not to exceed twelve (12) months. Section 3 Premium Payment Program (I.R.S. 125 Plan) The City agrees to implement a 125 reimbursement plan to allow pre-tax dollars to be utilized in the payment of employees portion of medical, dental and insurance premiums, medical expenses and dependent care expenses. The City shall arrange for a plan administrator for dependent care provision of the City's 125 Plan, provided all costs are paid by the employees who participate. Section 4 Employee Assistance Program The City shall make available a voluntary Employee Assistance Program for psychological assessment, counseling and referral to all employees represented by the Municipal Employees' Association at no cost to the employees, except for referrals out of the basic program. Employees using this program may do so on their own time. - 30 - ARTICLE 18 EMPLOYEE LIFE INSURANCE As a benefit to full-time employees in this bargaining unit, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed cooperatively by the Employees' Association and insurance carrier. The City will provide up to $10,000 Term Life Insurance with Accidental Death and Dismemberment coverage for each employee at no cost to employee. An amount will be paid by the City for each permanent part-time employee in the competitive service that is proportional to the permanent time base of his/her appointment (e.g., a half-time employee will receive half the amount of a full-time employee). -31 - ARTICLE 19 SHORT TERM/LONG TERM DISABILITY INSURANCE All employees shall continue to participate in the City sponsored Disability Insurance program (STD/LTD) through payroll deduction. Section 1 Cost and Benefits Total costs of the program are paid by all employees in the bargaining unit through payroll deductions at the rates set by the established plan. Participation, costs and benefits of the program are subject to the regulations and requirements of the Plan. Section 2 Continuation of Insurance Benefits During the period that an employee is receiving benefits from the (STD/LTD) Plan, the City shall continue to pay its share of the Insurance Premiums for Health and Life Insurances with no cash -in -lieu for a period of up to twelve (12) months or until such time as the disability is considered permanent. Section 3 Income Supplement Employee receiving STD/LTD benefit may use sick leave, vacation, and other leave accruals to supplement income to an amount no greater than 70% of the employee's regular gross monthly pay. - 32 - ARTICLE 20 PUBLIC EMPLOYEES' RETIREMENT SYSTEM 1. Consistent with the Government Code of the State of California, employees are local miscellaneous members of the Public Employees' Retirement System and are entitled to optional benefits as indicated in all amendments to the contract between the Board of Administration of PERS and the City Council regarding miscellaneous employees. The City shall pay the seven (7) percent employee share, which shall be vested in the employee's name. (Subject to paragraph below) The City agrees to implement two (2) percent at 55 years of age and the "Single Highest Year" amendment to the P.E.R.S. Retirement System under the condition that the employees pay the entire cost for the amendment by reduction to the City's payment to the seven (7) percent employee share by three point nine (3.9) percent. - 33 - ARTICLE 21 PROVISIONS OF LAW This MOU is subject to all future and current applicable Federal or State laws and regulations. If any part of the provisions of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected and the NCMEA shall have the right upon request to meet and confer concerning the practical effect of such conflicts on wages, hours or terms and conditions of employment. - 34 - ARTICLE 22 EMPLOYEE AND ASSOCIATION RIGHTS Section 1 Employee Rights Each individual employee shall have the following rights which he/she may exercise in accordance with law, the National City Civil Service Rules and applicable laws, ordinances, rules and regulations: (A) The right to form, join and participate in the activities of employee organizations of his/her own choosing for the purpose of representation on matters of his/her employee relations with the City, or to refuse to join or participate in the activities of any employee organization. (B) The right to pay dues to such employees organization through regular payroll deduction. (C) The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal on the part of his/her department head, his/her supervisor, other employees or employee organizations, with respect to membership or non -membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation. (D) The right to represent himself/herself individually in his/her employee relations with the City. Whenever a City employee desires to represent himself/herself in consulting with City management during his/her regular hours of work, he/she shall first request and obtain from his/her department head permission to take time off to do so. (E) The right to confidentiality of personal information including information provided on the employee's pay check. It shall be the responsibility of each department to ensure that this right is protected. Section 2 Association Rights (A) The right for the MEA to use City facilities to hold official scheduled meetings. - 35 - Article 22 - Employee and Association Rights Page 36 (B) The right to designate authorized representative who shall have access to work locations and employees subject to department head approval, when such access does not unduly interfere with departmental operations and is in the course of grievance resolution. (C) The right to post information concerning elections, benefits, notices, reports, programs and promotions. (D) The right to notice by the City of new employees in this unit. (E) The Personnel Office shall distribute informational materials provided by the Association to new employees during the in -processing orientation. (F) The Association may designate one steward from City Hall, one steward from Public Works, one steward from Parks & Recreation, one steward from the Library, and one steward from the Police to represent employees from their respective areas in meeting with management on appeals of discipline and formal grievances. The appropriate steward shall request in writing and shall be allowed reasonable time off during duty hours for this purpose, provided the time requested does not substantially impact departmental operations. In the event the steward cannot be released as requested, the supervisor shall provide an alternate time within the next forty-eight (48) hours. Stewards shall be designated in advance by written notice from the MEA to the Personnel Director and the Steward's Department Director. Section 3 Labor Management Committee The City and the Association agree to establish a Labor Management Committee. The purpose of the Committee is to discuss issues relating to this agreement, and other issues of quality of work life. The Committee shall have no authority to change, modify, alter or amend this agreement. The Committee shall be composed of the president of the Association or his/her designee, a designated representative, and one other member. In addition, the City shall appoint the Director of Personnel or his/her designee and one other management employee. Article 22 - Employee and Association Rights Page 37 Meetings shall be held when mutually agreed upon and at times that are mutually acceptable to both parties. The party desiring to meet shall request the meeting at least fifteen (15) days prior and shall submit an agenda of items to be discussed. It is the intent of the parties to foster a cooperative atmosphere and harmonious working relations. Therefore, the parties agree to only issue joint statements, when necessary, on the results of the Committee. The City and the Union agree to refer the Union proposal regarding reclassifications/salary adjustments to the Labor Management committee for resolution. In addition, the City and the Association agree to meet and confer over the Civil Service Rules and the Employer -Employee Relations Resolution. ARTICLE 23 WAGE AND SALARY SCHEDULE Section 1 Salary Adjustments The City agrees to provide an update of the City's financial condition by the Finance Director to the Association as available, and make available information used to estimate general fund projected revenue. At the start of the first pay period in September 1994, each MEA employee shall receive 3% in salary toward the restoration of 92-93 salary level. The four (4) working days between Christmas and New Year's Eve 1994, shall be paid days off for MEA employees, or alternate days may be mutually arranged between the department and the employee when it is not practical to close the operation on those days. Police Dispatcher must take one half (1/2) of accrued deferred leave (Furlough Bank) as paid time off during fiscal year 1994-95. The other half of the bank will be cashed out in Fiscal Year 1995-96 or at time of separation. At the start of the first pay period in January, 1995, each MEA employee shall be restored to the 92-93 salary level. The deferred leave account (furlough hours) will remain as paid leave time available to MEA employees. However, it has no cash value during the term of this agreement. At the start of the first pay period in September, 1995, salaries of MEA employees will be increased by 3%, conditioned on the following: A. That the City's General Fund projected revenue for fiscal year 1995-96 does not fall below $16,800,000, as a result of State, County or Federal action or other cause, and such fact is known by the City prior to September, 1995. This figure represents the amount the City must see in its anticipated revenue prior to September 15, 1995 in order to afford a 3% raise for MEA employees. Salaries will be increased by 2% if anticipated revenues only reach 16,700,000. Salaries will be increased by 1 % if anticipated revenues only reach 16, 600,000. B. Further, that the City's projected sales and use tax figure for the fiscal year 1995-96 not fall below 8 million, also to be determined on or about December 15, 1995. At the start of the first pay period in July, 1996, the salaries of all MEA employees will be increased by 5%. -38- Article 23 - Wage and Salary Schedule Page 39 For purposes of comparison, the following figures are noted: FISCAL YEAR • 1989-90 001 GENERAL FUND ESTIMATED REVENUES... __. FOR THAT FY 16,208,910 001 GENERAL FUND-3010'< >' ESTIMATED SALES & USE: TAXES FOR THAT FY* 9,600,000 1990-91 17,406,790 10,010,000 1991-92 16,331,950 9,300,000 1992-93 16,688,850 8,700,000 1993-94 15,555,750 8,000,000 *These figures do not include the sales tax generated by and debt service paid for Plaza Bonita. Section 2 Classification and Salary Ranges Each classification shall be paid at the Salary Range indicated below until the first pay period in September 1994, and thereafter as provided in Section 1 above: Accountant 114 $2308 - $2806 Accounting Assistant 76 1648 - 2003 Administrative Secretary 87 1810 - 2200 Assistant Engineer - Civil 143 3010 - 3658 Assistant Planner 119 2412 - 2932 Asst Tree Trimmer 82 1736 - 2110 Associate Engineer - Civil 156 3399 - 4132 Associate Planner 130 2668 - 3243 Building Inspector 123 2509 - 3050 Building Trades Specialist 102 2072 - 2519 Carpenter 102 2072 - 2519 Chief Park Caretaker 92 1892 - 2300 Civil Engineering Technician 108 2184 - 2655 Code Conformance Officer 123 2509 - 3050 Construction Inspector 118 2392 - 2907 Crime Analysis Technician 63 1474 - 1791 Crime Scene Specialist 112 2265 - 2753 Custodian 56 1385 - 1683 Electrician 102 2072 - 2519 Equipment Mechanic 105 2128 - 2587 Equipment Operator 98 1995 - 2425 Equipment Service Worker 74 1618 - 1967 Article 23 - Wage and Salary Schedule Page 40 F.; cAT Equipment Services Specialist 92 REGU • NTHLY $ 1892 - $2300 Executive Secretary 101 2052 - 2494 Fire Inspector 123 2509 - 3050 Junior Engineer - Civil 126 2576 - 3131 Lead Tree Trimmer 93 1914 - 2326 Librarian 115 2330 - 2832 Library Assistant 63 1474 - 1791 Library Technician 88 1829 - 2223 Maintenance Worker 76 1648 - 2003 Office Assistant 53 1349 - 1640 Park Caretaker 74 1618 - 1967 Park Supervisor 109 2207 - 2682 Parks Equipment Operator 98 1995 - 2425 Plan Checker 98 1995 - 2425 Planning Technician 98 1995 - 2425 Plumber 102 2072 - 2519 Police Dispatcher 101 2052 - 2494 Police Records Manager 120 2436 - 2961 Police Services Officer 73 1604 - 1950 Property & Evidence Technician 123 2509 - 3050 Recreation Center Supervisor 95 1943 - 2362 Recreation Supervisor 112 2265 - 2753 Senior Accounting Assistant 92 1892 - 2300 Senior Building Inspector 133 2743 - 3334 Senior Civil Engineering Technician 123 2509 - 3050 Senior Construction Inspector 133 2743 - 3334 Senior Crime Analyst 128 2622 - 3187 Senior Equipment Operator 110 2226 - 2705 Senior Librarian 125 2551 - 3100 Senior Library Technician 93 1914 - 2326 Senior Office Assistant 63 1474 - 1791 Senior Park Caretaker 82 1736 - 2110 Senior Plan Checker 137 2847 - 3461 Senior Traffic Painter 98 1995 - 2425 Stock Clerk/Storekeeper 59 8.21 - 9.98/Hr. Street Sweeper Operator 98 1995 - 2425 Supervising Custodian 67 1522 - 1850 Supervising Police Dispatcher 112 2265 - 2753 Traffic Painter 86 1798 - 2186 Tree Trimmer 87 1810 - 2200 ARTICLE 24 UNIFORMS Section 1 The City will pay the yearly cost for uniforms and cleaning for those employees required to wear uniforms as follows: 1. Garage Personnel Five (5) changes of shirts and pants per week. 2. Other Public Works Employees Three (3) changes of shirts per week. 3. Parks Department Three (3) changes of shirts per week. 4. Police Department positions designated by the Chief of Police Five (5) sets of required clothing at hire with necessary replacements during ensuing years, and a cleaning allowance of $3.00 per week. The City will also provide reimbursement for required leather accessories to a maximum of $100 every four (4) years. All employees of these departments who are required to wear uniforms must wear the uniform as provided by the City. -41- ARTICLE 25 EQUIPMENT ALLOWANCE Section 1 Tool Replacement Allowance This article applies only to Equipment Mechanics, who are required to provide their own tools on the job as a condition of employment. Essential required tools and tool boxes will be replaced by the City in kind if they are lost due to fire, burglary or robbery of the City facility or some other catastrophe or accident not due to the employee's fault or negligence. An inventory of all employee's tools will be taken by the Deputy Public Works Director or his designee at least once a year to ensure that the employee has all essential tools on hand. A tool replacement allowance of $16 per pay period will be paid to the above positions; to maintain the essential tools inventory. Failure to maintain the essential tool inventory shall result on loss of tool replacement allowance until such inventory is satisfied. Section 2 Safety Glasses and Goggles Any safety glasses or protective goggles required by the City employees shall be provided at no cost to the employee. Such requirement shall be determined by the department head or the Risk Manager. -42- ARTICLE 26 WORK DAY, WORK WEEK, PAY PERIOD AND PAY DAY Section 1 Work Day The work day shall normally be eight (8) hours to ten (10) hours in length. The work day may be temporarily modified to longer or shorter periods (flex time) as assigned by the department director, provided that such modification of the work day does not significantly affect the department's ability to deliver services efficiently and on a timely basis. Such modification must be arranged in advance, and any time worked over 40 hours of actual work and pre -approved holiday and vacation leave in that work week will be eligible for overtime. Call-back and standby time are excluded from the computation of the hours paid for the purposes of overtime. All work days exceeding five (5) hours length shall include at least a 30-minute period for lunch break without pay. A maximum of fifteen (15) minutes paid time for rest shall be provided for each four (4) consecutive hours work and may be taken as assigned by the employee's supervisor. Starting and stopping work times are designated by the department director for the scheduled work day. Employees will be notified of their work hours. When there is a change of work hours of over one hour for more than five (5) consecutive working days, the employee will receive a ten (10) working day notice before such change is made, unless mutually agreed to by the employee and the supervisor. The department director retains the right to make immediate changes to resolve unforeseen problems, and will provide at least three day notice in such instance, and pay the first day worked of the change at the overtime rate. Section 2 Work Week The work week shall consist of seven (7) consecutive calendar days beginning on Tuesday at 7:00 a.m. with at least two (2) consecutive days off. Section 3 Pay Period Pay period shall consist of fourteen (14) calendar days commencing 07/01/86. -43- Article 26 - Work Day, Work Week, Pay Period and Pay Day Page 44 Section 4 Pay Day Except in the case of unusual and compelling circumstances or an extreme emergency, pay day shall be every other Wednesday. If Wednesday is a fixed holiday, it shall be the previous work day. ARTICLE 27 PAY DIFFERENTIALS Section 1 Bilingual Pay Current employees in designated positions who have successfully completed a Bilingual Performance Evaluation administered by the Personnel Department or provide other evidence acceptable to the Personnel Department of their competence, who are regularly required to use their bilingual skills in Spanish, Tagalog or any other second language approved by the Personnel Director, shall receive a Bilingual pay differential of $20 per pay period. This differential would be subject to termination, if due to change in assignment or position, the skill is no longer required by the City. Subject to the requirements of this subsection, payment of the bilingual differential shall be limited to a maximum of 25 employees at any given time. Each department shall designate the position to receive bilingual pay in writing to the Personnel Director and may change that designation periodically depending on the needs of the department. The maximum number of designated positions for each department are as follows: Police 8 positions Engineering 2 positions Library 5 positions Bldg & Safety 2 positions Finance 2 positions Planning 1 position Parks & Recreation 3 positions Public Works 2 positions Section 2 Shorthand Pay Current employees in the classification of Administrative Secretary only, who are required to use shorthand in their job duties and have successfully completed a shorthand performance test administered by the Personnel Department or have other certification of their skill level approved by the Personnel Director shall receive a pay differential of $20 per pay period. This differential would be subject to termination if due to change in assignment or position or where this skill is no longer required by the City. Employees hired after July 1, 1991 shall not be eligible for shorthand differential pay. -45- Article 27 - Pay Differentials Page 46 Section 3 Acting Assignment Pay When an employee is officially assigned to perform the duties of a higher paid classification for a period exceeding 28 consecutive calendar days, such employee shall be compensated with a minimum of five (5) percent above current salary during the first six (6) months of such assignment, and ten (10) percent for time assigned in such status after six (6) consecutive months beginning at the start of the pay period closest to the 28th calendar day of such acting assignment. The duration of acting pay assignments shall not exceed one (1) calendar year. Section 4 Sign Language Pay Employees possessing sign language skills may register with the Personnel Office and be called to use those skills on an on -call basis. Employees who are called shall be paid $20 per occurrence while on City time and $30 per occurrence when not on City time. ARTICLE 28 MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the CITY has and will continue to retain, regardless of the frequency of exercise, rights to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the CITY shall include, but not be limited to the right: to determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce reasonable dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; to modify shift work time of a classification or position, when such modification will aid the City in its delivery of services to the public; determine the content and intent of job classifications; approve or disapprove secondary employment held by departmental employees; determine methods of financing; determine style and/or types of City -issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. -47- Article 28 - Management Rights Page 48 Those inherent managerial functions, prerogatives and policy making right whether listed above or not which the CITY has not expressly modified or restricted by a specific provision of this Agreement shall be carried out in accordance with applicable Civil Service Rules. In exercising these rights the City shall comply with all applicable provisions of this MOU and all applicable laws. The exercise of said rights shall not preclude employees or their representatives from meeting and conferring as required by law with City management representatives about the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment. Such meeting and conferring shall take place prior to implementation except in case of emergency or unforeseen circumstance. In the event of emergency or unforeseen circumstance the City will meet and confer with NCMEA as soon as possible after implementation. ARTICLE 29 OBLIGATION TO SUPPORT Section 1 The parties agree that subsequent to the execution of this MOU and during the period of time said MOU is pending before the City Council for action, neither the NCMEA nor management, nor their authorized representatives, will appear before the City Council or meet individually or privately with said members of the City Council, to advocate any amendment, deletion or addition to the terms and conditions of this MOU. It is further understood that this article shall not preclude the parties from appearing before the City Council to advocate or urge the adoption and approval of this MOU in its entirety. Section 2 During the term of this MOU, NCMEA, its officers, agents and members agree that they shall neither engage in, nor encourage, nor will any of its members or representatives take part in any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of governmental services including refusal to work. Section 3 During the term of this MOU, if an employee participates in any manner in any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of governmental services including refusal to work or participates in any manner in any picketing other than informational or impediment to work in support of any strike, work stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of governmental services including refusal to work or induces other employees of the City to engage in such activities, such employee shall be subject to any action or remedy legally available to the City. -49- ARTICLE 30 AGREEMENT, MODIFICATION, WAIVER (A) This Memorandum of Understanding sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any prior or existing understanding or agreements over these matters between parties, whether formal or informal, are hereby superseded, or terminated in their entirety. (B) No agreement, alteration, understanding, variation, waiver of modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing and affixed hereto by all parties and approved by the City Council. (C) The waiver of any breach, term or condition of this Memorandum by either party shall not constitute a precedent in the future enforcements of all of its terms and provisions. (D) The provisions of this MOU shall not be revised during the term of this MOU without mutual written approval of the parties except as set out in Article 21 of this MOU, or in the event that the City determines that a City-wide layoff is necessary. -50- ARTICLE 31 DURATION OF MEMORANDUM OF UNDERSTANDING This MOU shall be effective July 5, 1994 and shall remain in full force and effect until the end of fiscal year 1996-97, and from year to year thereafter, until a successor agreement is agreed or impasse proceedings are completed. -51- ARTICLE 32 DEFINITIONS Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this article shall govern the construction, meaning and application of words and phrases used in this document. ACTIVE SERVICE - Shall mean actual time worked, holidays with pay, leaves of absence with pay, leaves of absence without pay not to exceed fourteen (14) calendar days annually and leaves of absence without pay not to exceed one (1) year for which workman's compensation is paid. It shall also include Saturdays and Sundays, or other regular days off which are immediately preceded or immediately followed by other time worked. ADVANCEMENT - Shall mean a salary increase within a range of compensation provided for each position which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. ANNIVERSARY DATE - Shall mean the date that the employee completes twelve (12) calendar months of service. Under normal circumstances, when an employee receives a promotion to a new classification, the promotion date will become the new anniversary date for the employee. APPOINTING AUTHORITY - Shall mean the City Council, the City Manager and any other person or body to whom the power to appoint personnel to positions in the Classified Service may be delegated. CALENDAR YEAR - Shall mean a twelve (12) month period beginning January 1, and ending December 31. CLASS - Shall mean a position or a group of positions sufficiently similar in respect to duties and responsibilities that the same title may reasonably and fairly be used to designate each position allocated to the class, that the same minimum qualifications may be required and the same salary range may be made to apply with equity. CLASSIFIED SERVICE - Shall mean all positions in the competitive service of the City of National City which are subject to the provisions of the Civil Service Ordinance No. 1076 creating the Civil Service System and the Rules of the Civil Service Commission. COMPENSATION - Shall mean any salary, wage, fee, allowance or other emolument paid to an employee for performing the duties and exercising the responsibilities of a position. - 52 - Article 32 - Definitions Page 53 COMPENSATION PLAN - Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE - Shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE - Shall mean employment in the City service uninterrupted by separation and applied to the time a person has been employed on a permanent basis, or to the continuation of employment from temporary to a permanent appointment without any break in service. DEMOTION - Shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate or to a lower step within the same class. DEPARTMENT - Shall mean an administrative branch including a group of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the department head. EMPLOYEE - Shall mean a person who is legally an incumbent of a position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his/her position. Employee shall include OFFICER. FAMILY - Those relations living in the employee's household or grandparents, parents, siblings and children of employee and his/her spouse. FLEX TIME - A variance to the normally assigned work day and work week, in that the number of hours worked per day may be changed providing the work week remains at 40 hours. INTERIM APPOINTMENT - Shall mean a short term appointment made from an eligible list. LAY-OFF - Shall mean the involuntary, non -disciplinary separation of an employee from a position resulting from lack of work, lack of funds or abolishment of a position. LEAVE - Shall mean an approved type of absence from work as provided for by these articles. Article 32 - Definitions Page 54 PERMANENT EMPLOYEE - Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT PART-TIME EMPLOYEE - Shall mean any employee in the Classified Service whose appointment has or is expected to exceed twelve (12) consecutive calendar months and whose scheduled work time is less than the normally scheduled work week of 40 hours on a regular basis. PERMANENT POSITION - Shall mean a specific office or classification whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part-time or full-time basis. PERMANENT STATUS - Shall mean the satisfactory completion of one (1) year of probationary service and continuing permanent appointment. PERSONNEL OFFICER - Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission. POSITION - Shall mean any specific office or classification whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full-time or part-time basis. PROBATIONARY PERIOD - Shall mean the working test period during which an employee is required to demonstrate his/her fitness by the actual performance of the duties and responsibilities of his/her position and during which time he/she may be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS - Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER - Shall mean an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligibles; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-employment list or an eligible list. Article 32 - Definitions Page 55 SALARY RANGE - Shall mean one or more, but commonly five (5) specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. SALARY RATE - Shall mean a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a biweekly rate or an hourly rate, as shown in the Compensation Plan of the City. SALARY STEP - Shall mean the location of a salary rate within a salary range, as identified by a letter of the alphabet. TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non- permanent nature on a provisional or interim basis. RESOLUTION NO. 94-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION WHEREAS, the City has met and conferred with representatives of the National City Municipal Employees' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Manager is hereby authorized to enter into Memorandum of Understanding (MOU) between the City of National City and the National City Municipal Employees' Association for the period July 5, 1994 through June 30, 1997. SECTION 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Years 1994-1995, 1995-96 and 1996-97. A copy of said Memorandum of Understanding shall be on file in the Office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 12th day of July, 1994. ATTEST: tom- k-1.0 ti nr -2-‘1' Anne Peoples, City Clerk APPROVED AS TO ORM: /i George H. Eiser, III City Attorney i4- George H. Waters, Mayor r Passed and adopted by the Council of the City of National City, California, on July 12, 1994 by the following vote, to -wit: Ayes: Councilmen Dalla, Inzunza, Morrison, Zarate, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen . ligng AUTHENTICATED BY: GEORGE H. WATERS By: Mayor of the City of National City, California . City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. 94-98 of the City of National City, Calif., passed and adopted by the Council of said City on July 12, 1994 (Seal) By: City Clerk of the City of National City, California Deputy